Michael v. State

I join in the court’s order but write separately because I believe that any sentence *522that includes more than five years of unsus-pended time is excessive in this case.1 This is true whether Michael’s conduct is among “the least serious conduct” for the offense as a matter of law or his case is referred to the three-judge panel because imposing the presumptive sentence without taking into account Michael’s rehabilitative potential would work a manifest injustice.. Apart from Benboe v. State, 698 P.2d 1230 (Alaska App.1985) (described briefly in Justice Matthews’s concurrence below) no…